BC SOCIETY
Saved by @jay_millerjay

Hi @officestudents @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality and Diversity section of your job application has 'gender' in what appears to be a list of the protected characteristics under the Equality Act 2010.

However...

1/15

 However, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

Sex is the protected characteristic under the Act, but that is not on your list.

2/15
You then ask for the 'gender' of the applicant with options:

Male
Female.

3/15
Again, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

4/15
Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology, but you don't ask for that.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

5/15
You then ask "Is your gender identity the same as the gender you were assigned at birth"

'Gender identity' and 'gender' are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

6/15
'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

7/15
'Gender' and 'gender identity' rely on demeaning, regressive stereotypical notions of societal roles for the two sexes, concepts that I'm sure you would not wish to be associated with.

8/15
Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal - and potentially Special Category - data without a lawful basis.

9/15
If you choose not to gather data on specific protected characteristics (such as sex), you cannot have the information required to ascertain whether or not you could be discriminating on protected characteristics in recruitment. This could be vital in an employment tribunal

10/15
If you choose to discriminate on characteristics (such as 'gender') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.

11/15
Given these errors and your use of incorrect terms, it's not clear how you can meet your Public Sector Equality Duty or how you have met it in the past given your data could have been corrupted by those who didn't provide their sex.

12/15
Nor is it clear how you can have had due regard to the other duties given the data you have collected.

13/15
Language and meaning of words are important and proper use & understanding of terms is vital so that the public is aware of what rights they have and what your duties are. Any confusion or inconsistency over meaning may prevent people from accessing their rights in law.

14/15
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

https://t.co/RJAWJ1vJ6s

15/15
@threadreaderapp unroll

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Hi @JesusCollegeCam @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The EQUAL OPPORTUNITIES MONITORING FORM in your job application correctly has sex in a list of protected characteristics under the Equality Act 2010

However...

https://t.co/rZk1bAiooU

1/11


However, you then ask for the 'gender' of the applicant with options:

Female
Male.

2/11

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

3/11


Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

4/11


Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal - and potentially Special Category - data without a lawful basis.

5/11
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sexnotgender.info
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Hi @chelwestft @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal opportunities section in your job application mentions the Equality Act 2010 four times and correctly lists sex as a protected characteristic. However...

1/11


However, you then ask for the 'gender' of the applicant with options:

Male
Female.

2/11

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

3/11


Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology and there is no way to self-describe one's sex.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

4/11


Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal - and potentially Special Category - data without a lawful basis.

5/11
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sexnotgender.info
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@Sexnotgender_
Hi @ASA_UK @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity details section of your job application has what appears to be a partial list of the protected characteristics under the Equality Act 2010. However, it has 'gender' but not sex.

1/10


'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

Sex is the protected characteristic under the Act, but that is not on your list.

https://t.co/qisFhCiV1u

2/10


You then ask for the 'gender' of the applicant with options:

Female
Male.

3/10

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

4/10


Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology, but you don't ask for that.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

5/10
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sexnotgender.info
sexnotgender.info
@Sexnotgender_
Hi @CotswoldOutdoor @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Questions section of your job application asks for the 'gender' of the applicant with options:

Male
Female
Transgender
Transsexual
Non-Binary

continued...

1/11


...
Non-Binary
Genderfluid
Agender
Bigender
Polygender
Neutrois
Gender Apathetic
Gender not listed.

2/11

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

3/11


Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology, but you don't ask for that.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

4/11


All the other terms you use, apart from the term 'transsexual', are not protected characteristics under the Equality Act 2010 and are not defined or used in the Act.

5/11
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sexnotgender.info
sexnotgender.info
@Sexnotgender_
Hi @THTorguk @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The equal opportunities section in your job application asks for the 'gender' of the applicant with options:

Female (including trans female)
Male (including trans male)
Non-binary
Other.

1/12


'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

2/12


Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology, but you don't ask for that. 'Other' is not a valid option.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

3/12


'trans female', 'trans male' and 'Non-binary' are also not valid options are not used or defined in the Act.

4/12

You then ask "Is your gender the same as the gender you were assigned at birth?"

'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

5/12
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